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1. Availability
Velocity Communications, Inc., hereinafter referred
to as Velocity, makes no guarantees that service will be available in
all areas advertised. Actual speeds will depend on service location, environmental
conditions, computer configuration, and network congestion. Uninterrupted
service and speed is not guaranteed.
2. Liability
In no event will Velocity be held responsible to
Customer for any damages including but not limited to: crashes or adverse
consequences to Customer equipment, business interruptions, or lost profits.
Customer agrees to waive all claims as to such consequences. Velocity recommends
Customer obtain insurance to safeguard against these risks, if Customer’s
carrier provides it. Velocity at no time will be held liable for any damage
or injury to any person(s) or property(s) caused by the equipment it installs
or supplies. Customer agrees to assume all liability and hold harmless
Velocity for equipment installed on the customer site.
3. Network Monitoring
Velocity reserves the right to disconnect Customer’s
service without notice in the event Velocity detects threats emanating from
Customer’s system or network, regardless of whether they are intentional
or not. These may include: viruses, trojans, spyware, bots, hacking, denial
of service (DoS), or attempts to gain unauthorized access to another system
or network. Velocity reserves the right to periodically monitor traffic for
such activity. There is no expectation of privacy in internet use, and
this monitoring will be to safeguard the customer, Velocity's network, and
the Internet as a whole.
4. Restrictions
Velocity puts no restrictions on use of Customer’s account.
File sharing, web hosting, email serving, and resale of internet service are
NOT prohibited. Resale of bandwidth is done at Customer's own risk and without
support from Velocity.
5. Wireless Security
Velocity’s network utilizes radio technology, which means,
your signal is transmitted wirelessly during which time it could be intercepted
by a third party. Velocity will NOT be held responsible for the privacy or security
of information transmitted through its network.
6. Payment
Monthly payments can be made via check, money order,
or credit card. First month's prorated charges and applicable setup fees
are due within 15 days of receipt of initial invoice. Subsequent monthly
payments will be due on the 16th day of each month after the Service Date;
the Service Date will commence the first day service is installed and
tested at the Customer's site. If payment is not received within thirty
(30) days of the due date, Customer may be assessed a late charge. If
payment is not received within sixty (60) days or Customer does not keep
a valid account number on file with Velocity, Velocity may immediately
terminate all services and retrieve all leased equipment. A minimum $25
restoral fee will be charged to reinstate service.
7. Setup Fees
Installation is subject to the fees and charges
advertised at time of signup. Additional components and labor may be required
and will be charged on a time and materials basis.
8. Moving Fee
If a Customer moves and A) can still receive Velocity's
service and B) still desires to continue the service, a $50 charge will
apply to retrieve equipment from previous location and install at new
location.
9. Modifications
Velocity may change or modify the conditions, access speeds,
pricing and other terms of this service at any time without notice. A current
copy will be maintained on Velocity’s website. Customer agrees to review these changes
from time to time. Customer agrees to be bound by such changes unless and until
it notifies Velocity that it is unwilling, in which case this agreement and service
will be terminated.
10. Equipment Lease and Condition
Any equipment that is installed at the customer
location for the purpose of receiving service from Velocity will remain
property of Velocity and is leased to the customer for the sole purpose
of customer obtaining Velocity’s High Speed Internet Service. Customer
is responsible for the material condition of the equipment installed at
the customer site. Velocity is under no obligation to repair or replace
equipment that has failed due to abuse or misuse by Customer. In the event
that, at the end of receiving Velocity’s service, Customer does not return
the equipment in acceptable and serviceable condition, Customer will be
responsible for replacement costs. Customer agrees to not intentionally
tamper with equipment, cabling, or power supplies to equipment installed
at the customer site unless instructed to do so by a Velocity representative.
11. Termination
Velocity may terminate the service without cause, by giving
fifteen (15) days notice. The customer may also terminate the service without
cause, by giving fifteen (15) days notice. Upon termination of the contract,
all leased equipment will be retrieved.
12. Acceptance
By using Velocity’s service, Customer agrees to and is subject
to all terms and conditions as described in this document.
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